Columbia River Television v. Multnomah County

Petitioner asks us to reverse the Court of Appeals’ decision concluding that a rule of the Land Use Board of Appeals (LUBA), rather than a local government’s ordinance, determines when a local government’s decision is “final” for the purposes of appeal. We reverse and remand to LUBA for decision on the merits.

The resolution of this case lies in the interrelationship and potential conflict of a statute, an agency rule and a county ordinance:

Statute: The legislature has provided in ORS 197.830(7), in relevant part, as follows:

“A notice of intent to appeal a land use decision shall be filed not…